§ 11-103-803 — Reorganization plan

(1) A plan of reorganization shall not be
prescribed under this code unless:

(a) The plan is feasible and fair to all classes of depositors, creditors, and
stockholders;

(b) The aggregate face amount of the interest accorded to any class of
depositors, creditors, or stockholders under the plan does not exceed the value of
the assets upon liquidation, less the full amount of the claims of all prior classes,
subject to any fair adjustment for new capital that any class will pay in under the
plan;

(c) The plan provides for the issuance of capital stock and, if necessary,
debentures and other securities and instruments in an amount that will comply with
the rules promulgated by the banking board;

(d) Any exchange of new common stock for obligations or stock of the bank
will be effected in inverse order to the priorities in liquidation of the classes that
will retain an interest in the bank and upon terms that fairly adjust any change in
the relative interests of the respective classes that will be produced by the
exchange;

(e) The plan assures the removal of any director, officer, or employee
responsible for any unsound or unlawful action or the existence of an unsound
condition;

(f) Any merger or consolidation provided by the plan conforms to the
requirements of this code.

(2) If, in the course of reorganization, supervening conditions render the plan
unfair or its execution impractical, the commissioner, upon approval of the banking
board, may modify the plan or liquidate the institution. Any such action shall be
taken by order of the banking board upon appropriate notice.

Legislative History

Source: L. 2003: Entire article added with relocations, p. 1103, � 3, effective July 1.